NJSBA Family Law Section

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  • 1.  Proper Service

    Posted 05-16-2019 05:36 PM
    Other party is pro se, has limited understanding of the language and/or workings of the court. They faxed the summons and complaint to PC but did not serve it personally or make any attempt to serve personally.  Now the other side is telling the PC that they are going to file motion for default.  The PC would rather not appear in the case (reasons not relevant to the question), can the court enter a default based on the faxed complaint?  I would think not, even if he did actually get the fax?  Not sure if he is opening himself up or if he can just sit back and wait. Since he was not properly served, there is not going to be an affidavit of service and he did not evade, they know  his address, there was no attempt. The other side admitted that the sheriff's dept lost the papers?  Just wondering what the thoughts were

    Gerri Duswalt

    GERALDENE SHERR DUSWALT, ESQ.
    ATTORNEY AT LAW
    Admitted in New York and New Jersey

    1812 Front Street
    Scotch Plains, N.J. 07076

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    General practice of law serving the legal needs of the community, family and matrimonial law, bankruptcy, real estate, wills and general litigation.

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  • 2.  RE: Proper Service

    Posted 05-16-2019 05:55 PM

    No.

     

    Robert E. Goldstein, Esq.
    Drescher & Cheslow, P.A.

    610 Bridge Plaza Drive

    Manalapan, NJ 07726

    (732) 972-1600
    Fax (732) 972-0038
    E-mail: [email protected]

     

    Visit my personal website:  www.mydivorcelawyernj.com

    Member, Middlesex County Bar Association,  Monmouth Bar Association, New Jersey Association for Justice and New Jersey State Bar Association

                                     

     

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